Attorney Plans Appeal for Mentally Ill Defendant

Man gets up to 40 years for attack on nurse

By Jason Carmel Davis • DAILY PRESS & ARGUS
• August 16, 2010

A man with a history of drug problems and mental illness will serve 10-40 years in prison after beingsentenced in the June 2008 assault of a Livingston County Jail nurse when she came to his aid. Zachory Scott Ray, whom a jury found guilty but mentally ill as charged with assault with intent to commit great bodily harm less than murder for the attack, sobbed as Livingston County Circuit Judge Michael Hatty gave the sentence Friday. The jury in May also convicted Ray of assaulting a Livingston County Sheriff’s Department deputy who came to the nurse’s assistance as well as four counts of  resisting police.

“I gave material in this case three different looks because it was presented to me three different times,” Hatty said. “That nurse had no intentions to harm anyone. Now, she’s disabled.” Ray faced six counts — the assault with intent to commit great bodily harm, assaulting a prison employee (carrying a sentence of one to 40 years), assaulting a police officer (one to 15 years), and three counts of resisting/ obstructing police (one to 15 years). Ray was foundguilty on all six counts and his sentences will run concurrent to each other.

Ray has already served 486 days in jail, which will be considered as part of his sentence. Ray and his attorney, Paul Stablein, will have 42 days to appeal the judge’s decision. Stablein said he intends to appeal. Prior to sentencing, Stablein argued that Ray, who admitted to being a drug addict since he was 14, was not in his right mind when the incident took place. Jail physicians prescribed Ray with a number of medications in June 2008. That, coupled with Ray’s heroin withdrawal, Stablein argued, played a role in the incident. In the incident, Ray threatened to cut the nurse with a jagged metal snap from his jail-issued jumpsuit.

Stablein also pushed for his client to be admitted into a treatment facility where he could receive help for his drug addiction. Assistant Prosecutor Shawn Ryan argued Ray exhausted all his chances for treatment, citing him being admitted to eight different detox facilities, providing false urine samples and refusing to go to a number of other detox programs.

Zachory Ray’s mother, Patrice Ray, said she believes the judge’s decision is unjust and unfair. She said she thinks the courts gave up on her son too quickly. “Treatment would’ve helped him. Not jail,” she  aid.

“How many people go to jail for eight, 10, 12 years and come out and are changed for the better? Not many. I’m going to pray for my son and I hope he does change, but I don’t see it happening” The nurse, who has gone through two separate shoulder surgeries, did not attend the sentencing.

At Ray’s trial, she testified that he grabbed her arm and pulled her into the jail-cell door when she handed him a hot compress after he complained of pain. She said a deputy tried to pull her away from Ray, who popped out of the jail cell. All three tumbled to the ground. She said he also got her in a headlock.

A psychiatrist testified that Ray suffered from delirium and chronic mental illness that was made worse by his heroin withdrawal and the medications prescribed by jail physicians in June 2008. Ray, who is a habitual offender, faced up to life in prison. With the verdict of guilty but mentally ill, the Michigan Department of Corrections will have to provide him with mental health services.

Contact Daily Press & Argus reporter Jason Carmel
Davis at (517) 552-2857 begin_of_the_skype_highlighting              (517) 552-2857      end_of_the_skype_highlighting or at jcdavis@gannett.com.